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amending bylaws

Started by JimA19 • 15 replies • 329 views

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JimA19 (Georgia)
Posts: 54
Posted:
The Board will raise a motion at the AGM to amend the time during the day of the AGM established in the bylaws. this would only amend a specific part of a bylaw section. can someone amend at the motion at the AGM to also change the day of the AGM which is contained in the section of the approved bylaw
AugustinD
Posts: 3,698
Posted:
JimA19, please quote verbatim your HOA's Bylaw section that states what is required to amend the Bylaws.
JimA19 (Georgia)
Posts: 54
Posted:
duly constituted meeting....1/3 members in attendance, simply majority vote (50%+1)
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JimA19 on 01/07/2022 2:10 PM
duly constituted meeting....1/3 members in attendance, simply majority vote (50%+1)

That sounds like to few members. Typically Bylaws take 51% of all members agreeing to the change. Not just 51% of those in attendance at at a meeting unless all owners were present at that meeting.
JimA19 (Georgia)
Posts: 54
Posted:
this is a roberts rules of order question. can you amend a motion that in turn amends a section of a bylaw to amend a section of bylaw not under amendment.
JimA19 (Georgia)
Posts: 54
Posted:
thats not the question, assuming it is a duly constituted meeting, can you amend a motion to amend a section of the bylaws, a section that was not under consideration in the motion but in the samer section of the bylaws
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JimA19 on 01/07/2022 1:51 PM
The Board will raise a motion at the AGM to amend the time during the day of the AGM established in the bylaws. this would only amend a specific part of a bylaw section. can someone amend at the motion at the AGM to also change the day of the AGM which is contained in the section of the approved bylaw
-- This is a meeting of the owners. It is not a board meeting. Hence "the board" does not make motions.

-- Motions, or at least the subject of possible motions, for the AGM must be on the notice for the meeting. Why? So people can decide whether they want to attend or not to cast a vote for the motion.

-- If a motion is made to amend the time of the AGM, then Per Robert's Rules an owner may move to amend the motion, to also change the day of the AGM.

-- I think I would rather that owners make two separate motions: One to amend the time, and a second to amend the day. I think it's "cleaner" and communications will be easier. Compound motions (like the one the OP proposes) can lead to more problems than two separate motions yada yada.

JimA19 (Georgia)
Posts: 54
Posted:
helpful response, thank you

Board members as homeowners will propose the motion
KerryL1 (California)
Posts: 14,550
Posted:
Please quote exactly from your Bylaws HOW they may be amended. What is required? Please don't summarize.
KerryL1 (California)
Posts: 14,550
Posted:
Please quote exactly from your Bylaws HOW they may be amended. What is required? Please don't summarize.

Do your Bylaws require advance posted notice of agenda items??
JimA19 (Georgia)
Posts: 54
Posted:
as stated earlier this is procedural question , not a question if the proposed amendment conforms to the bylaw amendment requirements(it does)

stated differently (and hopefully clearer) when a motion to amend a specific section of an approved bylaw is raised does that open up the entire section of bylaw to amendment
JimA19 (Georgia)
Posts: 54
Posted:
as stated earlier this is procedural question , not a question if the proposed amendment conforms to the bylaw amendment requirements(it does)

stated differently (and hopefully clearer) when a motion to amend a specific section of an approved bylaw is raised does that open up the entire section of bylaw to amendment
KerryL1 (California)
Posts: 14,550
Posted:
Only the words in the portion of the bylaws section that you want to amend that is stated in the motion would be amended.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JimA19 on 01/08/2022 8:56 AM
when a motion to amend a specific section of an approved bylaw is raised does that open up the entire section of bylaw to amendment
No. Notice requirements have to be met first.
LaskaS (Texas)
Posts: 1,025
Posted:
I'm not sure if this applies to your hoa,
but in our condominium,

if at any annual meeting duly called, a quorum is present, any motion can be presented for consideration if 2/3 of those present agree to consider it.
BenA2 (Texas)
Posts: 1,273
Posted:
Generally speaking, someone can amend a motion and it can be voted on at a meeting but it is unlikely you can do it in your scenario. Bylaws usually require a specific process for amendments, including a given number of days notice of the vote on the amendment. Any proposed change to the amendment would require starting over with number of days required for notice. The idea is that bylaws should not be changed without the entire membership having advanced notice so they have a chance to vote on the change.

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